PROCEDURE-COURT

Landlord Didn't Properly Describe Building's Regulatory Status

September 28, 2017    

Landlord sued to evict apartment occupant, who claimed succession rights. Landlord then asked the court to strike that defense, claiming that occupant failed to meet the income qualifications in the regulatory...

Landlord Showed No Good Faith Attempt to Determine If Tenant Tried to Cure

September 27, 2017    

Landlord sued to evict tenant for keeping a dog in violation of her lease and for illegally subletting the apartment. Tenant claimed that landlord waived any right to evict her for having the dog. Tenant also claimed...

Landlord's Notice to Terminate Assisted Living Residency Was Insufficient

September 24, 2017    

Landlord sued to terminate the admission agreement of an assisted living resident under Social Services Law Section 461-h. Landlord claimed that the resident failed to pay her rent. Resident claimed that landlord...

Tenant's Deposit of Rent Check into Bank Lock Box Didn't Create Waiver of Termination Notice

September 24, 2017    

Westchester County landlord sued to evict tenant for breaching her lease based on apartment conditions. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord's acceptance of a rent...

Landlord Can Amend Defective Verification of Court Petition

August 29, 2017    

Landlord sued to evict tenant, claiming that the building wasn't a multiple dwelling and that tenant was unregulated. Tenant asked the court to dismiss the case because the termination notice and court petition...

Eviction Case Dismissed for Improper Delivery of Court Papers

August 28, 2017    

Landlord sued to evict a squatter from a rent-stabilized apartment after serving a 10-day notice to quit. The squatter asked the court to dismiss the case, claiming improper service. The court ruled for the squatter...

Assisted Living Facility Seeking Resident's Eviction Can't Join Guarantor to Proceeding

August 28, 2017    

Nassau County facility operator sued to terminate residency and evict assisted living facility resident under Social Services Law (SSL) Section 461-h. The operator also sought $22,000 in overdue charges from resident...

Court Vacates Settlement Agreement Tenant Signed After Suffering Epileptic Seizure

August 28, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court giving landlord a final judgment of possession. Tenant later asked the court to vacate...

Landlord Must Give Tenant Copies of Documents for Pretrial Questioning

August 19, 2017    

Landlord sued to evict rent-stabilized tenant for chronic late payment of rent. Landlord claimed that between 1999 and 2015, it had to commence 26 nonpayment proceedings against tenant, including at least one each...

Tenant Claims Landlord Didn't Properly Deliver Eviction Papers

July 27, 2017    

Landlord sued to evict Section 8 tenant for failing to recertify and to supply information on time about her 2016 family income. This violated tenant's low-income lease rider. Landlord and tenant signed a...

Court Excuses Default of Tenant with Medical Condition

July 27, 2017    

Landlord sued to evict rent-stabilized Section 8 tenant for breaching a substantial obligation of her lease. Landlord claimed that tenant failed to provide access to complete necessary repairs in her apartment. The...

Court Vacates Settlement Agreement Based on Potential Rent Overcharge

June 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $4,300. Landlord and tenant settled the case in court by which landlord agreed to make repairs and tenant agreed to...

Page
of 96Next